Commonwealth Numbered Acts

GENE TECHNOLOGY AMENDMENT ACT 2007 (NO. 99, 2007) - SCHEDULE 2

Gene Technology Act 2000

1  Subsection 10(1) (after paragraph (g) of the definition of deal with)

Insert:

                     (h)  transport the GMO;

                      (i)  dispose of the GMO;

2  Subsection 10(1) (definition of deal with )

Omit all the words after "possession,", substitute "supply or use of the GMO for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (i)".

3  Subsection 10(1) (definition of Institutional Biosafety Committee )

Omit all the words after "established", substitute "as an Institutional Biosafety Committee in accordance with written guidelines issued by the Regulator under section 98".

4  At the end of section 42

Add:

             (3)  The Regulator may require information to be given under this section at any time before the Regulator decides the application, whether before or after the Regulator has begun to consider the application.

5  Subsection 43(2)

After "application" (first occurring), insert ", or may cease considering the application,".

6  At the end of subsection 43(2)

Add:

                ; or (f)  the Regulator is satisfied (having regard to the matters specified in section 58) that the applicant is not a suitable person to hold a licence.

7  Paragraphs 56(2)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the risk assessment prepared under section 47 or 50 in relation to the dealings;

                     (b)  the risk management plan prepared under section 47 or 50 in relation to the dealings;

8  At the end of section 72

Add:

             (7)  This section does not apply to a variation of a licence if the Regulator is satisfied that the variation is of minor significance or complexity.

9  Subsection 78(3)

Omit all the words after "specified in the determination".

10  At the end of section 89

Add:

             (7)  This section does not apply to a variation of a certification if the Regulator is satisfied that the variation is of minor significance or complexity.

11  After section 89

Insert:

89A   Transfer of certification

             (1)  The holder of a certification and another person (the transferee ) may jointly apply to the Regulator for the certification to be transferred from the holder of the certification to the transferee.

             (2)  The application must be in writing, and must contain:

                     (a)  such information as is prescribed by the regulations (if any); and

                     (b)  such information as is specified in writing by the Regulator.

             (3)  The Regulator must not transfer the certification unless the Regulator is satisfied that, if the certification is transferred, any conditions to which the certification is subject will continue to be met.

             (4)  The Regulator must give written notice of his or her decision on the application to the holder of the certification and the transferee.

             (5)  If the Regulator decides to transfer the certification:

                     (a)  the transfer takes effect on the date specified in the notice; and

                     (b)  the certification continues in force; and

                     (c)  the certification is subject to the same conditions as those in force immediately before the transfer.

12  Paragraph 92(2)(a)

Omit ", or proposes to establish,".

13  Paragraph 92(2)(b)

Omit "whether the organisation will be able to maintain an", substitute "if the organisation has established an Institutional Biosafety Committee--whether the organisation will be able to maintain the".

14  Paragraphs 92(2)(c)

Omit "whether the organisation has, or will have,", substitute "if the organisation has established an Institutional Biosafety Committee--whether the organisation has".

15  After paragraph 92(2)(c)

Insert:

                    (ca)  if the organisation has not established an Institutional Biosafety Committee as mentioned in paragraph (a)--whether the organisation will be in a position to use an Institutional Biosafety Committee established by an accredited organisation; and

16  At the end of section 97

Add:

             (7)  This section does not apply to a variation of an accreditation if the Regulator is satisfied that the variation is of minor significance or complexity.

17  Section 179 (before table item 1)

Insert:

18  Section 179 (after table item 3)

Insert:

19  Section 179 (after table item 7)

Insert:

20  Paragraph 182(a)

Repeal the paragraph, substitute:

                     (a)  this Act provides for a person to make an application of any kind to the Regulator; and

21  Section 182

Omit "decision to reject the application", substitute "reviewable decision to reject the application, and the person may seek internal review of the reviewable decision under section 181".

22  After subsection 185(3A)

Insert:

          (3B)  If:

                     (a)  a person has made an application under section 184 for a declaration that specified information is confidential commercial information; and

                     (b)  the Regulator has not yet made a decision on the application;

the information is to be treated as confidential commercial information until the Regulator makes a decision on the application.